RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 27, 2005
      DOCKET NUMBER:  AR20040000395


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Purple Heart he received in
December 1971 be added to his DD Form 214, Armed Forces of the United
States Report of Transfer or Discharge.

2.  The applicant states, in effect, that he received a Purple Heart in
December 1971 but, it was never recorded in his files.  He is getting his
affairs in order and he would like to get his due.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice or
error, which occurred on 23 March 1972.  The application submitted in this
case is dated 13 April 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he enlisted in the Regular Army, for
3 years on, 15 September 1969.  He completed his basic combat training at
Fort Bliss, Texas, and his advanced individual training at Fort Huachuca,
Arizona.  After completing all required training, he was awarded the
military occupational specialty (MOS), 05C (Radio Teletype Operator).

4.  The applicant was assigned to and arrived in Vietnam on 18 November
1970. He was assigned to the 504th Signal Detachment and attached to the
572nd Military Intelligence Detachment.  He remained with this unit until
he was returned to the United States on 19 March 1972 for release from
active duty.

5.  The applicant was honorably released from active duty on 23 March 1972,
under the provision of Army Regulation (AR) 635-200, Phasedown Release
Programs, in the rank and pay grade, Sergeant, E-5.  On his release from
active duty, he had 2 years, 6 months, and 9 days active military service.

6.  The applicant's DD Form 214, in Block 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded the following awards: the National Defense Service
Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal, with
60 Device.  The Purple Heart is not shown.

7.  The applicant's name does not appear on the Vietnam Casualty List.

8.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  A search of the general orders
database maintained by the Awards Branch, Human Resources Command, was made
for orders awarding the applicant the Purple Heart; however, no orders were
found.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing that he was
awarded the Purple Heart.  Item 40 (Brief Description of Wounds), of the
applicant's DA Form 20, is blank.

10.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

11.  There is no entry in Item 42 (Remarks), of the applicant's DA Form 20,
to indicate that he was disqualified from award of the Good Conduct Medal.


12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following three
campaigns: the Vietnam Counteroffensive, Phase VII, which extended from 1
July 1970 through 30 June 1971; the Consolidation I, which extended from 1
July through 30 November 1971; and the Consolidation II, which extended
from 1 December 1971 through 29 March 1972.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

15.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows the unit to
which the applicant was attached, the 572d Military Intelligence
Detachment, a subordinate unit of the 525th Military Intelligence Group,
and a subordinate unit of the U.S. Army Vietnam, was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20
July 1965 through 28 March 1973, by Department of the Army General Orders
Number 8, dated 1974.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

17.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 89, Special Orders 228,
published by Headquarters, US Army Training Center, Air Defense, Fort
Bliss, Texas, on 31 October 1969.  This marksmanship qualification badge is
not shown on his DD Form 214.

18.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], in paragraph 102, Special Orders
176, published by Headquarters, 1st Infantry Division (Mechanized) and Fort
Riley, Fort Riley, Kansas, on 7 October 1970.  This marksmanship
qualification badge is not shown on his DD Form 214.

19.  AR 672-5-1, in effect at the time of the applicant's separation,
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.
DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's contention that he was
wounded in action while he served in Vietnam or that he was awarded the
Purple Heart.

2.  The applicant's name does not appear on the Vietnam Casualty List and
orders were not found either in his service personnel records or in the
Award Orders Data Base maintained by the Human Resources Command awarding
him the Purple Heart.

3.  Based on the available evidence, there is no basis upon which to award
the Purple Heart to the applicant and to add it to his DD Form 214.

4.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal.  It does not show the three bronze service stars to which the
applicant is entitled for his campaign participation.  He is entitled to
award of three bronze service stars to be affixed to his Vietnam Service
Medal, and to have them shown on his DD Form 214.

5.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, at a time the applicant was
assigned to this unit.  He is therefore entitled to award of the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, and to have it added
to his DD Form 214.

6.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  There is no record that he was subjected to court-martial
while he served on active duty.  There is no entry in Item 42 (Remarks), of
the applicant's DA Form 20, to indicate that he was disqualified from award
of the Good Conduct Medal.  The applicant was not awarded the Good Conduct
Medal, it appears, more as a result of an administrative oversight rather
than something that he did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 15
September 1969 through 23 March 1972.

7.  The applicant was awarded the Marksman Marksmanship Qualification Badge
with Rifle Bar [M-14 Rifle] and the Expert Marksmanship Qualification Badge
with Automatic Rifle Bar [M-16 Rifle].  These badges are not shown on his
DD Form 214 and it would be appropriate to add them at this time.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

elp_____  bkk_____  rjw   _____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  awarding the applicant the Good Conduct Medal for the period
15 September 1969 through 23 March 1972 and adding this award to his
DD Form 214;

      b.  awarding the applicant three bronze service stars to be affixed
to his already-awarded Vietnam Service Medal to denote his participation in
three campaigns while he served in Vietnam;


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

      d.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle]; and the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar [M-16 Rifle]; to the
applicant's DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart to the applicant.




                            ___   Raymond J. Wagner__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000395                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040127                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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